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Health Bill

Obviously, I cannot control parliamentary time, but I am happy to provide all hon. Members with an indication how the discussions proceeded in the consultation. There is a wonderful opportunity for hon. Members and local groups and organisations to participate in both a health opportunity and the countdown to smoke-free England in 2007, which I hope will have a fun element. This group of amendments includes all the changes to the smoke-free provisions made in the other place. Amendments Nos. 1, 5 and 10 are all minor drafting amendments. Amendment No. 1 corrects a minor drafting inaccuracy—strictly speaking, licensees do not authorise the consumption of alcohol; they authorise the sale of alcohol for consumption. Amendments Nos. 5 and 10 were introduced by Earl Howe, who felt that the clarity of the drafting could be improved. We saw no reason to object to his suggested wording in the other place, and we are equally happy to support it here. Amendments Nos. 2, 3, 7, 8, 9 and 11 relate to exemptions in regulations for those participating as performers in a performance in which artistic integrity makes it appropriate for performers to smoke. In Committee, I provided reassurances that the Government were minded to make an exemption for artistic performances, but the detail, as with all proposed exemptions, is a matter for the regulations. During the Bill’s passage through the other place, we realised that it would not be possible to rely on the general power in clause 3(1) to make such an exemption in all circumstances. The prohibition on making any exemptions for licensed premises in clause 3(3), which was introduced following a free vote on Report, would have prevented any exemptions for artistic performances in licensed premises. As we are aware, many theatres and other performance spaces carry out their activities under only one licence, which is likely to cover not only the whole of the premises, but alcohol sales and theatrical performances. In those circumstances, we realised that the prohibition in subsection (3) came into play—in other words, it would be unlawful to make an exemption. We introduced amendment No. 2 in the other place in order to relax that prohibition so far as is necessary to allow certain performers to smoke during a performance in all possible venues. The amendment also ensures that the exemption can be applied only to the relevant performer or performers. Of course, the detail of the exemption will still be a matter for regulations. The consultation on the draft regulations that was launched yesterday specifically asked for views on the exemption proposed for performers, particularly concerning whether the arrangements are adequate to prevent the development of loopholes.